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Updated 7 months ago on . Most recent reply

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603
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Adam Craig
  • Investor
  • Cleveland, OH
130
Votes |
603
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First time being sued for non-disclosure issues. Advice

Adam Craig
  • Investor
  • Cleveland, OH
Posted

I have been doing flips and rentals for 10 years and I am now going through my first lawsuit. The buyers of a house we flipped in 2018 are suing me personally, my LLC, my wife who was my agent, My wifes broker, their agent, their agents broker.

Long story short its more of a case of buyers remorse and trying to make some cash than anything. We had multiple offers on this completely redone home. They came in 8K over asking. The suit does not describe too many specifics more of a broad range of things not disclosed that were repaired. My attorney said we would find out more when we file for discovery. We didn't disclose anything on the house but everything was redone - Roof/windows/HVAC/the works! Normally we brag about these things but I guess going forward I will attach a list of repairs so know one can use it against met.

So I started this case using my own attorney. She didn't think the case holds much water but it could be very time consuming resulting in high fees. So I am now going to file insurance so I will likely have to go with their attorneys. 

Question - I believe my personal umbrella policy should cover me personally assuming they cannot get me dismissed as an individual. Then my home owners insurance on that property has liability coverage so I should be able to contact them to cover my LLC?


What a nightmare. More than 100 deals I guess it was bound to happen. Definitely going to be safer going forward. Does anyone make buyers sign a hold harmless similar to buying a bank home as is or is that not common for flips?

Most Popular Reply

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Jay Hinrichs
Professional Services
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
62,772
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42,641
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Jay Hinrichs
Professional Services
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
Replied

@Account Closed as Mike states single member or hubby and wife member LLC is worthless for keeping you from getting sued personally..

Normally folks in those price points simply dont have the money to fully litigate and no attorney is going to take it on contingency.. so you basically out spend them  and then you guys settle.

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JLH Capital Partners

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